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07 Motion to approve a grounds sublease between the Red River Valley Fair Association and American Legion Post # 199CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 06/ 16/08 Council Date: City Manager Kevin Carruth 7. 06/23/08 RECOMMENDED MOTION: Motion to approve a grounds sublease between the Red River Valley Fair Association and American Legion Post # 199 and authorizing the City Manager to negotiate and execute all necessary documents. PoLIcY IssuE(s): Contract management BACRGROUND: Red River Valley Fair Association desires to sub-lease to American Legion Post # 199 the building located at 1875 Fitzhugh for the purpose conducting bingo. These two entities have entered into a sub-lease agreement for the past several years. The City's lease agreement with the Fair Association requires them to get approval from the City for any subleases. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Lease Agreement and resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'r'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT 0 Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Urilities City of Paris Revised 2/04/08 - 0 oooI ~ DRAFT Attorney\reswork\current\RRVFA - Bingo - Deport Res 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE AMERICAN LEGION POST #199 OF DEPORT, TEXAS TO CONDUCT BINGO OPERATIONS AT THE BIG TIME BINGO BUILDING, 1845 FITZHUGH, PARIS, TEXAS; MAHING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Red River Valley Fair Association has requested approval from the City Council of the City of Paris to enter into a grounds sublease agreement with the American Legion Post #199 of Deport, Texas, to conduct bingo operations at the Big Time Bingo Building, 1845 Fitzhugh, Paris, Texas, in the form shown in Exhibit A, attached hereto; and, WHEREAS, it would be in the best interests of the citizens of the city of Paris that such grounds sublease agreement be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Red River Valley Fair Association be, and it is hereby, granted approval to enter into the grounds sublease agreement with the American Legion Post #199 of Deport, Texas, in the form shown in Exhibit A, attached hereto. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 23rd day of June, 2008. Joe McCarthy, Mayor Pro Tem ATTEST: Janice Ellis, City Clerk v 0 OOG1j APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 000020 LEASE AGREEMENT This agreement is made and entered into by and between Red River Valley Fair Association, Inc., a non-profit organization, hereinafter referred to as Lessor, and American Legion Post #199, a non-profit organization, hereinafter referred to as Lessee. For and in consideration of the mutual promises herein expressed the Lessor and Lessee do nereby agree to the following: WITNESS TO: I. PURPOSE OF LEASE: The Lessee wishes to lease from the Lessor certain space r_o conduct bingo operations licensed by the State of Texas only. II. PREMISES: Lessor agrees tc lease and the Lessee agrees to lease from the Lessor the following described property, all the floor area in Eig Time Binqo Building on the property, located at 1875 Fitzhugh Street, Paris, Lamar County, Texas for the bingo occasions per week as designated on the Lessee's Texas Bingo license. rII. DUTIES OF LESSOR: Lessor shall provide parking facilities, equipmer.t and utilities. IV. TERM: - The term of this lease sha11 be for a period from the lst daY of June 2008 to the lst day of June, 2009. V. CONSIDERATION: The Lessee shall pay the Lessor the amount of $250.00 per whole session (Bingo occasion). The consideration for the lease of this building shall be due and payable monthly. The first payment will be due and payable monthly after the execution of this lease, with rent payments being due and payable monthly each and every month thereafter, prior to the last business day of the month, during the term of this lease. Total rental for any month may not in any case exceed $600.00 per bingo occasion actually conducted by Lessee during that month. Lessee shall make paymert to the Lessor at: Red River Vailey Fair Association, Inc. 570 East Center Street Paris, Texas 75460 VI. REPRESENTATIONS OF LESSEL; The Lessor agrees and ar_k;.owlydges that Lessee is a non-profit organization as that term is defined under the governing of the EXHIBITA_ - 00(?r? i bingo statutes in the State of Texas and that the Lessee holds a valid license to conduct bingo within the State of Texas issued by the Texas Lottery Commission of the State of Texas. It shall be the Lessee's responsibility to provi.de far all bingo supplies or other equipment associated with the operation of the bingo game, including but not limited to prizes, bingo cards, or any other necessary equipment. It is understood and agreed that the Lessor shall not be responsible for the storage or maintenance of any equipment herein above described. VIZ. INSIIRANCE: The Lessee, at Lessee's expense, shall maintain a comprehensive general liability insurance policy on the described premises and adjoining parking facilities in an amount of at least $500,000.00 combined single limits and shall name the Lessor and the City of Paris as additional insured on said policy. Lessee shall provide Lessor with a certificate of insurance providing for thirty (30) days advance notice of cancellation. VIII. SEVERABILITY: Should any provisions oi this lease be held invalid, the validity of the main portions of this lease shall not be effective. IX. APPROVAL: This lease is subject to the approval of the City of Paris per the main lease agreement between the Red River Valley Fair Association, Inc., and the City of Paris, Paris, Texas. R. NOTICES: Notices are to be sent to: Lessor: Red River Valley Fair Association, Inc. 570 East Center Street Paris, Texas 75460 Lessee: American Legion Post #199 P. 0. Box 83 Deport, Texas 75435-83 AMERICAN LEGION POST #199 Lessee Lessee Date Lessor ~ ,rz L~ sori )'J a~ ~ Dat RED R VER V LEY FAIR , ~ . 0 0 p : 11'GC ~IUly i i FfOfOC1 10' 7T'-rHTS I`iU: fM'MG4 R`1dAV1J 1 f'IVw' - CgRTIFIC AC TE QF LlABtLlTY INSURANCE 06117120os ' THIR MTMIC111'i { li W AS A IIIAI"C!R Of 1NK1lM7tOlt ClRTI' A Narn+aat dc ~.andrn lnsursn ~ ON1.Y AAID CONFrRS NG RlQNT3 UPON Tl1C ColkgleM U[ 90 N NOL061t. TiilS CLit'fIrICATR ~ NQR AMlRtit~. . 7 . Parii ' TX 95460 INSU11ERa ~FOMaNa aoveRnsR . ~ PoEt N 194 W ut+e~ Tay~e ' N8q0riIb de Insuranoe Co._ - - - - - PD Bax 83 pQport 'fX 11.U35 T /OLIC" 0 04U11A1~C<1I6TLO ItSLCW NktiR iMN 165W6D 70 71ig WSUFAd NAh1E0 ApOVE fOR7NL POLICY KRICID MIQIO147SG. NOTW ITH{T ' ' Y q~0iNf1EM8NT~ T OR CONOf~IOiN E ~LRDlD ~ CMI6 GERTW~GATE IiMY 8! 188 OR M NE4MCT ZQ WMI¢N :Tm CONTRACT p! QTMER pQCU1116NT WI , P0~1GE0 GEBCR~EP MEREW IQ Oi~CT 1~0 ALL TM4E TEIIMB, O~CLlISfON! 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